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NOTICE OF INCORPORATION 

United States Legal Document 

J^" All citizens and residents are hereby advised that 
this is a legally binding document duly incorporated by 
reference and that failure to comply with such 
requirements as hereby detailed within may subject you 
to criminal or civil penalties under the law. Ignorance of 
the law shall not excuse noncompliance and it is the 
responsibility of the citizens to inform themselves as to 
the laws that are enacted in the United States of America 
and in the states and cities contained therein. "^& 

* * 

ICC UCADB (1007), the Uniform Code for the 
Abatement of Dangerous Buildings, as mandated 
by and incorporated by the States and 
Municipalities, including St. Helens (Oregon), 
Northglenn (Colorado) , Tooele County (Utah) , 
Covina (California), Fife (Washington, et. alia. 





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INTERNATIONAL | 
CODE COUNCIL 



I L. 




1997 

Uniform 
Code for the 
Abatement of 

Dangerous 

Buildings™ 



nwK 



INTERNATIONAL 
CODE COUNCIL® 



First Printing: March 1997 
Second Printing: March 2005 

Third Printing: April 2007 
Fourth Printing: April 2008 
Fifth Printing: August 2009 

ISSN 0896-971X 

ISBN 1-884590-76-4 

COPYRIGHT © 1994, 1995, 1996, 1997 

by 

International Code Council 

500 New Jersey Avenue, NW, 

6th Floor, Washington, D.C. 20001 

1-888-ICC-SAFE 

PRINTED IN THE U.S.A. 



Preface 

The provisions of this code were developed to afford jurisdictions reasonable procedures for the classification and abatement of danger- 
ous buildings. 

This code is designed to be compatible with the Uniform Building Code™ and the Uniform Housing Code™. While the Housing Code is 
applicable only to residential buildings, the Uniform Code for the Abatement of Dangerous Buildings™ is designed to apply to all types of 
buildings and structures. The notices, orders and appeals procedures specified have been found to be workable and are referenced by the 
Uniform Building Code. 

If properly followed, the provisions of this code will provide the building official with the proper legal steps in abating dilapidated, 
defective buildings which endanger life, health, property and public safety within concepts of fair play and justice. 



iii 



CODES AND RELATED PUBLICATIONS 

The International Code Council (ICC) publishes a family of codes, each correlated with the Uniform Building Code"" to provide 
jurisdictions with a complete set of building-related regulations for adoption. Reference materials and related codes also are available to 
improve knowledge of code enforcement and administration of building inspection programs. Publications and products are continu- 
ally being added, so inquiries should be directed to Conference headquarters for a listing of available products. Many codes and refer- 
ences are also available on CD-ROM or floppy disk. These are denoted by (*). The following publications and products are available 
from ICC: 



CODES 

*Uniform Building Code, Volumes 1, 2 and 3. The most widely 
adopted model building code in the United States, the performance- 
based Uniform Building Code is a proven document, meeting the needs 
of government units charged with the enforcement of building regula- 
tions. Volume 1 contains administrative, fire- and life-safety and field 
inspection provisions; Volume 2 contains structural engineering design 
provisions; and Volume 3 contains material, testing and installation 
standards. 

*Uniform Mechanical Code™ . Provides a complete set of require- 
ments for the design, construction, installation and maintenance of 
heating, ventilating, cooling and refrigeration systems; incinerators and 
other heat-producing appliances. 

International Plumbing Code™. Provides consistent and techni- 
cally advanced requirements that can be used across the country to pro- 
vide comprehensive regulations of modern plumbing systems. Setting 
minimum regulations for plumbing facilities in terms of performance 
objectives, the IPC provides for the acceptance of new and innovative 
products, materials and systems. 

International Private Sewage Disposal Code™ . Provides flexibil- 
ity in the development of safety and sanitary individual sewage disposal 
systems and includes detailed provisions for all aspects of design, 
installation and inspection of private sewage disposal systems. 

International Mechanical Code™. Establishes minimum regula- 
tions for mechanical systems using prescriptive and performance- 
related provisions. It is founded on broad-based principles that make 
possible the use of new materials and new mechanical designs. 

Uniform Zoning Code '" . This code is dedicated to intelligent com- 
munity development and to the benefit of the public welfare by provid- 
ing a means of promoting uniformity in zoning laws and enforcement. 

*Uniform Fire Code™ , Volumes 1 and 2. The premier model fire 
code in the United States, the Uniform Fire Code sets forth provisions 
necessary for fire prevention and fire protection. Published by the 
International Fire Code Institute, the Uniform Fire Code is endorsed by 
the Western Fire Chiefs Association, the International Association of 
Fire Chiefs and ICBO. Volume 1 contains code provisions compatible 
with the Uniform Building Code, and Volume 2 contains standards ref- 
erenced from the code provisions. 

*Urban-Wildland Interface Code™. Promulgated by IFCI, this 
code regulates both land use and the built environment in designated ur- 
ban-wildland interface areas. This newly developed code is the only 
model code that bases construction requirements on the fire-hazard 
severity exposed to the structure. Developed under a grant from the 
Federal Emergency Management Agency, this code is the direct result 
of hazard mitigation meetings held after devastating wildfires. 

Uniform Housing Code ™ . Provides complete requirements affect- 
ing conservation and rehabilitation of housing. Its regulations are com- 
patible with the Uniform Building Code. 

Uniform Code for the Abatement of Dangerous Buildings™. A 
code compatible with the Uniform Building Code and the Uniform 
Housing Code which provides equitable remedies consistent with other 
laws for the repair, vacation or demolition of dangerous buildings. 

Uniform Sign Code™ . Dedicated to the development of better sign 
regulation, its requirements pertain to all signs and sign construction 
attached to buildings. 

Uniform Administrative Code™. This code covers administrative 
areas in connection with adoption of the Uniform Building Code, 
Uniform Mechanical Code and related codes. It contains provisions 
which relate to site preparation, construction, alteration, moving, repair 

iv 



and use and occupancies of buildings or structures and building service 
equipment, including plumbing, electrical and mechanical regulations. 
The code is compatible with the administrative provisions of all codes 
published by the Conference. 

Uniform Building Security Code™. This code establishes mini- 
mum standards to make dwelling units resistant to unlawful entry. It 
regulates swinging doors, sliding doors, windows and hardware in con- 
nection with dwelling units of apartment houses or one- and two-family 
dwellings. The code gives consideration to the concerns of police, fire 
and building officials in establishing requirements for resistance to bur- 
glary which are compatible with fire and life safety. 

Uniform Code for Building Conservation ™ . A building conserva- 
tion guideline presented in code format which will provide a communi- 
ty with the means to preserve its existing buildings while achieving 
appropriate levels of safety. It is formatted in the same manner as the 
Uniform Building Code, is compatible with other Uniform Codes, and 
may be adopted as a code or used as a guideline. 

Dwelling Construction under the Uniform Building Code™. 
Designed primarily for use in home building and apprentice training, 
this book contains requirements applicable to the construction of one- 
and two-story dwellings based on the requirements of the Uniform 
Building Code. Available in English or Spanish. 

Dwelling Construction under the Uniform Mechanical Code™. 
This publication is for the convenience of the homeowner or contractor 
interested in installing mechanical equipment in a one- or two-family 
dwelling in conformance with the Uniform Mechanical Code. 

Supplements to UBC and related codes. Published in the years be- 
tween editions, the Supplements contain all approved changes, plus an 
analysis of those changes. 

Uniform Building Code— 1927 Edition. A special 60th anniversa- 
ry printing of the first published Uniform Building Code. 

One and Two Family Dwelling Code. Promulgated by ICC, this 
code eliminates conflicts and duplications among the model codes to 
achieve national uniformity. Covers mechanical and plumbing require- 
ments as well as construction and occupancy. 

Application and Commentary on the One and Two Family 
Dwelling Code. An interpretative commentary on the One and Two 
Family Dwelling Code intended to enhance uniformity of interpretation 
and application of the code nationwide. Developed by the three model 
code organizations, this document includes numerous illustrations of 
code requirements and the rationale for individual provisions. 

Model Energy Code. This code includes minimum requirements for 
effective use of energy in the design of new buildings and structures and 
additions to existing buildings. It is based on American Society of Heat- 
ing, Refrigeration and Air-conditioning Engineers Standard 90A-1980 
and was originally developed jointly by ICBO, BOCA, SBCCI and the 
National Conference of States on Building Codes and Standards under a 
contract funded by the United States Department of Energy. The code is 
now maintained by ICC and is adopted by reference in the Uniform 
Building Code. 

National Electrical Code®. The electrical code used throughout the 
United States. Published by the National Fire Protection Association, it 
is an indispensable aid to every electrician, contractor, architect, build- 
er, inspector and anyone who must specify or certify electrical installa- 
tions. 

TECHNICAL REFERENCES AND EDUCATIONAL 
MATERIALS 

Analysis of Revisions to the Uniform Codes™. An analysis of 
changes between the previous and new editions of the Uniform Codes is 



provided. Changes between code editions are noted either at the begin- 
ning of chapters or in the margins of the code text. 

^Handbook to the Uniform Building Code. The handbook is a 
completely detailed and illustrated commentary on the Uniform Build- 
ing Code, tracing historical background and rationale of the codes 
through the current edition. Also included are numerous drawings and 
figures clarifying the application and intent of the code provisions. Also 
available in electronic format. 

^Handbook to the Uniform Mechanical Code. An indispensable 
tool for understanding the provisions of the current UMC, the handbook 
traces the historical background and rationale behind the UMC provi- 
sions, includes 160 figures which clarify the intent and application of 
the code, and provides a chapter-by-chapter analysis of the UMC. 

*Uniform Building Code Application Manual. This manual 
discusses sections of the Uniform Building Code with a question-and- 
answer format, providing a comprehensive analysis of the intent of 
the code sections. Most sections include illustrative examples. The 
manual is in loose-leaf format so that code applications published 
in Building Standards magazine may be inserted. Also available in 
electronic format. 

*Uniform Mechanical Code Application Manual. As a compan- 
ion document to the Uniform Mechanical Code, this manual provides 
a comprehensive analysis of the intent of a number of code sections in 
an easy-to-use question-and-answer format. The manual is available in 
a loose-leaf format and includes illustrative examples for many code 
sections. 

* Uniform Fire Code Applications Manual. This newly developed 
manual provides questions and answers regarding UFC provisions. 
A comprehensive analysis of the intent of numerous code sections, the 
manual is in a loose-leaf format for easy insertion of code applications 
published in IFCI's Fire Code Journal. 

Quick-Reference Guide to the Occupancy Requirements of the 
1997 UBC. Code requirements are compiled in this publication by 
occupancy groups for quick access. These tabulations assemble 
requirements for each occupancy classification in the code. Provisions, 
such as fire-resistive ratings for occupancy separations in Table 3-B, 
exterior wall and opening protection requirements in Table 5-A-l, and 
fire-resistive ratings for types of construction in Table 6-A, are tabu- 
lated for quick reference and comparison. 

Plan Review Manual. A practical text that will assist and guide both 
the field inspector and plan reviewer in applying the code requirements. 
This manual covers the nonstructural and basic structural aspects of 
plan review. 

Field Inspection Manual. An important fundamental text for 
courses of study at the community college and trade or technical school 
level. It is an effective text for those studying building construction or 
architecture and includes sample forms and checklists for use in the 
field. 

Building Department Administration. An excellent guide for im- 
provement of skills in departmental management and in the enforce- 
ment and application of the Building Code and other regulations 
administered by a building inspection department. This textbook will 
also be a valuable aid to instructors, students and those in related profes- 
sional fields. 

Building Department Guide to Disaster Mitigation. This new, 
expanded guide is designed to assist building departments in develop- 
ing or updating disaster mitigation plans. Subjects covered include 
guidelines for damage mitigation, disaster-response management, 
immediate response, mutual aid and inspections, working with the 
media, repair and recovery policies, and public information bulletins. 
This publication is a must for those involved in preparing for and 
responding to disaster. 

Building Official Management Manual. This manual addresses 
the unique nature of code administration and the managerial duties of 
the building official. A supplementary insert addresses the budgetary 
and financial aspects of a building department. It is also an ideal 
resource for those preparing for the management module of the CABO 
Building Official Certification Examination. 



Legal Aspects of Code Administration. A manual developed by the 
three model code organizations to inform the building official on the le- 
gal aspects of the profession. The text is written in a logical sequence 
with explanation of legal terminology. It is designed to serve as a 
refresher for those preparing to take the legal module of the CABO 
Building Official Certification Examination. 

Illustrated Guide to Conventional Construction Provisions of 
the UBC. This comprehensive guide and commentary provides 
detailed explanations of the conventional construction provisions in the 
UBC, including descriptive discussions and illustrated drawings to 
convey the prescriptive provisions related to wood-frame construction. 

Introduction to the Uniform Building Code. A workbook that pro- 
vides an overview of the basics of the UBC. 

Uniform Building Code Update Workbook. This manual address- 
es many of the changes to the administrative, fire- and life-safety, and 
inspection provisions appearing in the UBC. 

UMC Workbook. Designed for independent study or use with 
instructor-led programs based on the Uniform Mechanical Code, this 
comprehensive study guide consists of 16 learning sessions, with the 
first two sessions reviewing the purpose, scope, definitions and admin- 
istrative provisions and the remaining 14 sessions progressively explor- 
ing the requirements for installing, inspecting and maintaining heating, 
ventilating, cooling and refrigeration systems. 

UBC Field Inspection Workbook. A comprehensive workbook for 
studying the provisions of the UBC. Divided into 12 sessions, this 
workbook focuses on the UBC combustible construction requirements 
for the inspection of wood-framed construction. 

Concrete Manual. A publication for individuals seeking an under- 
standing of the fundamentals of concrete field technology and inspec- 
tion practices. Of particular interest to concrete construction inspectors, 
it will also benefit employees of concrete producers, contractors, test- 
ing and inspection laboratories and material suppliers. 

Reinforced Concrete Masonry Construction Inspector's Hand- 
book. A comprehensive information source written especially for ma- 
sonry inspection covering terminology, technology, materials, quality 
control, inspection and standards. Published jointly by ICBO and the 
Masonry Institute of America. 

You Can Build It! Sponsored by ICBO in cooperation with CABO, 
this booklet contains information and advice to aid "do-it-yourselfers" 
with building projects. Provides guidance in necessary procedures such 
as permit requirements, codes, plans, cost estimation, etc. 

Guidelines for Manufactured Housing Installations. A guideline 
in code form implementing the Uniform Building Code and its compan- 
ion code documents to regulate trie permanent installation of a man- 
ufactured home on a privately owned, nonrental site. A commentary is 
included to explain specific provisions, and codes applying to each 
component part are defined. 

Accessibility Reference Guide. This guide is a valuable resource for 
architects, interior designers, plan reviewers and others who design and 
enforce accessibility provisions. Features include accessibility require- 
ments, along with detailed commentary and graphics to clarify the pro- 
visions; cross-references to other applicable sections of the UBC and 
the Americans with Disabilities Act Accessibility Guidelines; a check- 
list of UBC provisions on access and usability requirements; and many 
other useful references. 

Educational and Technical Reference Materials. The Conference 
has been a leader in the development of texts and course material to 
assist in the educational process. These materials include vital informa- 
tion necessary for the building official and subordinates in carrying out 
their responsibilities and have proven to be excellent references in con- 
nection with community college curricula and higher-level courses in 
the field of building construction technology and inspection and in the 
administration of building departments. Included are plan review 
checklists for structural, nonstructural, mechanical and fire-safety pro- 
visions and a full line of videotapes and automated products. 



TABLE OF CONTENTS 



Chapter 1 Title and Scope 1 

Section 101 Title 1 

Section 102 Purpose and Scope 1 

Section 103 Alterations, Additions and Repairs 1 

Chapter 2 Enforcement 3 

Section 201 General 3 

Section 202 Abatement of Dangerous Buildings 3 

Section 203 Violations 3 

Section 204 Inspection of Work 3 

Section 205 Board of Appeals 3 

Chapter 3 Definitions 5 

Section 301 General 5 

Section 302 Dangerous Building 5 

Chapter 4 Notices and Orders of Building Official 7 

Section 401 General 7 

Section 402 Recordation of Notice and Order 7 

Section 403 Repair, Vacation and Demolition 7 

Section 404 Notice to Vacate 8 

Chapter 5 Appeal 9 

Section 501 General 9 

Section 502 Effect of Failure to Appeal 9 

Section 503 Scope of Hearing on Appeal 9 

Section 504 Staying of Order under Appeal 9 

Chapter 6 Procedures for Conduct of Hearing Appeals . 11 

Section 601 General H 

Section 602 Form of Notice of Hearing 11 

Section 603 Subpoenas H 



Section 604 Conduct of Hearing H 

Section 605 Method and Form of Decision 12 

Chapter 7 Enforcement of the Order of the 

Building Official or the Board of Appeals ... 13 

Section 701 Compliance 13 

Section 702 Extension of Time to Perform Work 13 

Section 703 Interference with Repair or Demolition 

Work Prohibited 13 

Chapter 8 Performance of Work of Repair or Demolition 15 

Section 801 General 15 

Section 802 Repair and Demolition Fund 15 

Chapter 9 Recovery of Cost of Repair or Demolition ... 17 

Section 901 Account of Expense, Filing of Report 17 

Section 902 Notice of Hearing 17 

Section 903 Protests and Objections 17 

Section 904 Hearing of Protests 17 

Section 905 Personal Obligation or Special Assessment 17 

Section 906 Contest 17 

Section 907 Authority for Installment Payment of 

Assessments with Interest 17 

Section 908 Lien of Assessment 17 

Section 909 Report to Assessor and Tax Collector: 

Addition of Assessment to Tax Bill 17 

Section 910 Filing Copy of Report with 

County Auditor 18 

Section 911 Collection of Assessment: Penalties for 

Foreclosure 18 

Section 912 Repayment of Repair and Demolition 

Fund I 8 



vii 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



101 
103 



Chapter 1 
TITLE AND SCOPE 



SECTION 101— TITLE 

These regulations shall be known as the Uniform Code for the 
Abatement of Dangerous Buildings, may be cited as such, and will 
be referred to herein as "this code." 



SECTION 102 — PURPOSE AND SCOPE 

102.1 Purpose. It is the purpose of this code to provide a just, eq- 
uitable and practicable method, to be cumulative with and in addi- 
tion to any other remedy provided by the Building Code, Housing 
Code or otherwise available by law, whereby buildings or struc- 
tures which from any cause endanger the life, limb, health, morals, 
property, safety or welfare of the general public or their occupants 
may be required to be repaired, vacated or demolished. 



The purpose of this code is not to create or otherwise establish or 
designate any particular class or group of persons who will or 
should be especially protected or benefited by the terms of this 
code. 

102.2 Scope. The provisions of this code shall apply to all dan- 
gerous buildings, as herein defined, which are now in existence or 
which may hereafter become dangerous in this jurisdiction. 

SECTION 103 — ALTERATIONS, ADDITIONS AND 
REPAIRS 

All buildings or structures which are required to be repaired under 
the provisions of this code shall be subject to the provisions of Sec- 
tion 3403 of the Building Code. 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



201 
205.2 



Chapter 2 
ENFORCEMENT 



SECTION 201 — GENERAL 

201.1 Administration. The building official is hereby autho- 
rized to enforce the provisions of this code. 

The building official shall have the power to render interpreta- 
tions of this code and to adopt and enforce rules and supplemental 
regulations in order to clarify the application of its provisions. 
Such interpretations, rules and regulations shall be in conformity 
with the intent and purpose of this code. 

201.2 Inspections. The health officer, the fire marshal and the 
building official are hereby authorized to make such inspections 
and take such actions as may be required to enforce the provisions 
of this code. 

201.3 Right of Entry. When it is necessary to make an inspec- 
tion to enforce the provisions of this code, or when the building 
official or the building official's authorized representative has rea- 
sonable cause to believe that there exists in a building or upon a 
premises a condition which is contrary to or in violation of this 
code which makes the building or premises unsafe, dangerous or 
hazardous, the building official may enter the building or prem ises 
at reasonable times to inspect or to perform the duties imposed by 
this code, provided that if such building or premises be occupied 
that credentials be presented to the occupant and entry requested. 
If such building or premises be unoccupied, the building official 
shall first make a reasonable effort to locate the owner or other per- 
sons having charge or control of the building or premises and re- 
quest entry. If entry is refused, the building official shall have 
recourse to the remedies provided by law to secure entry. 

"Authorized representative" shall include the officers named in 
Section 201.2 and their authorized inspection personnel. 

SECTION 202 — ABATEMENT OF DANGEROUS 
BUILDINGS 

All buildings or portions thereof which are determined after in- 
spection by the building official to be dangerous as defined in this 
code are hereby declared to be public nuisances and shall be 
abated by repair, rehabilitation, demolition or removal in accord- 
ance with the procedure specified in Section 401 of this code. 



SECTION 203 — VIOLATIONS 

It shall be unlawful for any person, firm or corporation to erect, 
construct, enlarge, alter, repair, move, improve, remove, convert 
or demolish, equip, use, occupy or maintain any building or struc- 
ture or cause or permit the same to be done in violation of this 
code. 



SECTION 204— INSPECTION OF WORK 

All buildings or structures within the scope of this code and all 
construction or work for which a permit is required shall be sub- 
ject to inspection by the building official in accordance with and in 
the manner provided by this code and Sections 108 and 1701 of the 
Building Code. 



SECTION 205 — BOARD OF APPEALS 

205.1 General. In order to hear and decide appeals of orders, de- 
cisions or determinations made by the building official relative to 
the application and interpretations of this code, there shall be and 
is hereby created a board of appeals consisting of members who 
are qualified by experience and training to pass upon matters per- 
taining to building construction and who are not employees of the 
jurisdiction. The building official shall be an ex officio member 
and shall act as secretary to said board but shall have no vote upon 
any matter before the board. The board of appeals shall be ap- 
pointed by the governing body and shall hold office at its pleasure. 
The board shall adopt rules of procedure for conducting its busi- 
ness and shall render all decisions and findings in writing to the 
appellant, with a duplicate copy to the building official. Appeals to 
the board shall be processed in accordance with the provisions 
contained in Section 501 of this code. Copies of all rules or regula- 
tions adopted by the board shall be delivered to the building offi- 
cial, who shall make them freely accessible to the public. 

205.2 Limitations of Authority. The board of appeals shall 
have no authority relative to interpretation of the administrative 
provisions of this code nor shall the board be empowered to waive 
requirements of this code. 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



301 
302 



Chapter 3 
DEFINITIONS 



SECTION 301 — GENERAL 

For the purpose of this code, certain terms, phrases, words and 
their derivatives shall be construed as specified in either this chap- 
ter or as specified in the Building Code or the Housing Code. 
Where terms are not defined, they shall have their ordinary ac- 
cepted meanings within the context with which they are used. 
Webster's Third New International Dictionary of the English Lan- 
guage, Unabridged, copyright 1986, shall be construed as provid- 
ing ordinary accepted meanings. Words used in the singular 
include the plural and the plural the singular. Words used in the 
masculine gender include the feminine and the feminine the mas- 
culine. 

BUILDING CODE is the Uniform Building Code promul- 
gated by the International Conference of Building Officials, as 
adopted by this jurisdiction. 

DANGEROUS BUILDING is any building or structure 
deemed to be dangerous under the provisions of Section 302 of 
this code. 

HOUSING CODE is the Uniform Housing Code promulgated 
by the International Conference of Building Officials, as adopted 
by this jurisdiction. 

SECTION 302 — DANGEROUS BUILDING 

For the purpose of this code, any building or structure which has 
any or all of the conditions or defects hereinafter described shall 
be deemed to be a dangerous building, provided that such condi- 
tions or defects exist to the extent that the life, health, property or 
safety of the public or its occupants are endangered. 

1. Whenever any door, aisle, passageway, stairway or other 
means of exit is not of sufficient width or size or is not so arranged 
as to provide safe and adequate means of exit incase of fire or pan- 
ic. 

2. Whenever the walking surface of any aisle, passageway, 
stairway or other means of exit is so warped, worn, loose, torn or 
otherwise unsafe as to not provide safe and adequate means of exit 
in case of fire or panic. 

3. Whenever the stress in any materials, member or portion 
thereof, due to all dead and live loads, is more than one and one 
half times the working stress or stresses allowed in the Building 
Code for new buildings of similar structure, purpose or location. 

4. Whenever any portion thereof has been damaged by fire, 
earthquake, wind, flood or by any other cause, to such an extent 
that the structural strength or stability thereof is materially less 
than it was before such catastrophe and is less than the minimum 
requirements of the Building Code for new buildings of similar 
structure, purpose or location. 

5. Whenever any portion or member or appurtenance thereof is 
likely to fail, or to become detached or dislodged, or to collapse 
and thereby injure persons or damage property. 

6. Whenever any portion of a building, or any member, appur- 
tenance or ornamentation on the exterior thereof is not of suffi- 
cient strength or stability, or is not so anchored, attached or 
fastened in place so as to be capable of resisting a wind pressure of 
one half of that specified in the Building Code for new buildings of 
similar structure, purpose or location without exceeding the work- 
ing stresses permitted in the Building Code for such buildings. 



7. Whenever any portion thereof has wracked, warped, 
buckled or settled to such an extent that walls or other structural 
portions have materially less resistance to winds or earthquakes 
than is required in the case of similar new construction. 

8. Whenever the building or structure, or any portion thereof, 
because of (i) dilapidation, deterioration or decay; (ii) faulty con- 
struction; (iii) the removal, movement or instability of any portion 
of the ground necessary for the purpose of supporting such build- 
ing; (iv) the deterioration, decay or inadequacy of its foundation; 
or (v) any other cause, is likely to partially or completely collapse. 

9. Whenever, for any reason, the building or structure, or any 
portion thereof, is manifestly unsafe for the purpose for which it is 
being used. 

10. Whenever the exterior walls or other vertical structural 
members list, lean or buckle to such an extent that a plumb line 
passing through the center of gravity does not fall inside the 
middle one third of the base. 

11. Whenever the building or structure, exclusive of the foun- 
dation, shows 33 percent or more damage or deterioration of its 
supporting member or members, or 50 percent damage or deterio- 
ration of its nonsupporting members, enclosing or outside walls or 
coverings. 

12. Whenever the building or structure has been so damaged by 
fire, wind, earthquake or flood, or has become so dilapidated or 
deteriorated as to become (i) an attractive nuisance to children; (ii) 
a harbor for vagrants, criminals or immoral persons; or as to (iii) 
enable persons to resort thereto for the purpose of committing un- 
lawful or immoral acts. 

13. Whenever any building or structure has been constructed, 
exists or is maintained in violation of any specific requirement or 
prohibition applicable to such building or structure provided by 
the building regulations of this jurisdiction, as specified in the 
Building Code or Housing Code, or of any law or ordinance of this 
state or jurisdiction relating to the condition, location or structure 
of buildings. 

14. Whenever any building or structure which, whether or not 
erected in accordance with all applicable laws and ordinances, has 
in any nonsupporting part, member or portion less than 50 percent, 
or in any supporting part, member or portion less than 66 percent 
of the (i) strength, (ii) fire-resisting qualities or characteristics, or 
(iii) weather-resisting qualities or characteristics required by law 
in the case of a newly constructed building of like area, height and 
occupancy in the same location. 

15. Whenever a building or structure, used or intended to be 
used for dwelling purposes, because of inadequate maintenance, 
dilapidation, decay, damage, faulty construction or arrangement, 
inadequate light, air or sanitation facilities, or otherwise, is deter- 
mined by the health officer to be unsanitary, unfit for human habi- 
tation or in such a condition that is likely to cause sickness or 
disease. 

16. Whenever any building or structure, because of obsoles- 
cence, dilapidated condition, deterioration, damage, inadequate 
exits, lack of sufficient fire-resistive construction, faulty electric 
wiring, gas connections or heating apparatus, or other cause, is de- 
termined by the fire marshal to be a fire hazard. 

17. Whenever any building or structure is in such a condition as 
to constitute a public nuisance known to the common law or in eq- 
uity jurisprudence. 



302 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



18. Whenever any portion of a building or structure remains on 
a site after the demolition or destruction of the building or struc- 
ture or whenever any building or structure is abandoned for a peri- 
od in excess of six months so as to constitute such building or 
portion thereof an attractive nuisance or hazard to the public. 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



401 
403 



Chapter 4 
NOTICES AND ORDERS OF BUILDING OFFICIAL 



SECTION 401 — GENERAL 

401.1 Commencement of Proceedings. When the building of- 
ficial has inspected or caused to be inspected any building and has 
found and determined that such building is a dangerous building, 
the building official shall commence proceedings to cause the re- 
pair, vacation or demolition of the building. 

401.2 Notice and Order. The building official shall issue a no- 
tice and order directed to the record owner of the building. The no- 
tice and order shall contain: 

1. The street address and a legal description sufficient for iden- 
tification of the premises upon which the building is located. 

2. A statement that the building official has found the building 
to be dangerous with a brief and concise description of the condi- 
tions found to render the building dangerous under the provisions 
of Section 302 of this code. 

3. A statement of the action required to be taken as determined 
by the building official. 

3.1 If the building official has determined that the building 
or structure must be repaired, the order shall require that 
all required permits be secured therefor and the work 
physically commenced within such time (not to exceed 
60 days from the date of the order) and completed with- 
in such time as the building official shall determine is 
reasonable under all of the circumstances. 

3.2 If the building official has determined that the building 
or structure must be vacated, the order shall require that 
the building or structure shall be vacated within a time 
certain from the date of the order as determined by the 
building official to be reasonable. 

3.3 If the building official has determined that the building 
or structure must be demolished, the order shall require 
that the building be vacated within such time as the 
building official shall determine is reasonable (not to 
exceed 60 days from the date of the order); that all re- 
quired permits be secured therefor within 60 days from 
the date of the order; and that the demolition be com- 
pleted within such time as the building official shall de- 
termine is reasonable. 

4. Statements advising that if any required repair or demolition 
work (without vacation also being required) is not commenced 
within the time specified, the building official (i) will order the 
building vacated and posted to prevent further occupancy until 
the work is completed, and (ii) may proceed to cause the work to 
be done and charge the costs thereof against the property or its 
owner. 

5. Statements advising (i) that any person having any record 
title or legal interest in the building may appeal from the notice 
and order or any action of the building official to the board of ap- 
peals, provided the appeal is made in writing as provided in this 
code and filed with the building official within 30 days from the 
date of service of such notice and order; and (ii) that failure to ap- 
peal will constitute a waiver of all right to an administrative hear- 
ing and determination of the matter. 

401.3 Service of Notice and Order. The notice and order, and 
any amended or supplemental notice and order, shall be served 
upon the record owner and posted on the property; and one copy 
thereof shall be served on each of the following if known to the 



building official or disclosed from official public records: the 
holder of any mortgage or deed of trust or other lien or encum- 
brance of record; the owner or holder of any lease of record; and 
the holder of any other estate or legal interest of record in or to the 
building or the land on which it is located. The failure of the build- 
ing official to serve any person required herein to be served shall 
not invalidate any proceedings hereunder as to any other person 
duly served or relieve any such person from any duty or obligation 
imposed by the provisions of this section. 

401.4 Method of Service. Service of the notice and order shall 
be made upon all persons entitled thereto either personally or by 
mailing a copy of such notice and order by certified mail, postage 
prepaid, return receipt requested, to each such person at their ad- 
dress as it appears on the last equalized assessment roll of the 
county or as known to the building official. If no address of any 
such person so appears or is known to the building official, then a 
copy of the notice and order shall be so mailed, addressed to such 
person, at the address of the building involved in the proceedings. 
The failure of any such person to receive such notice shall not af- 
fect the validity of any proceedings taken under this section. Serv- 
ice by certified mail in the manner herein provided shall be 
effective on the date of mailing. 

401.5 Proof of Service. Proof of service of the notice and order 
shall be certified to at the time of service by a written declaration 
under penalty of perjury executed by the persons effecting serv- 
ice, declaring the time, date and manner in which service was 
made. The declaration, together with any receipt card returned in 
acknowledgment of receipt by certified mail shall be affixed to 
the copy of the notice and order retained by the building official. 

SECTION 402 — RECORDATION OF NOTICE AND 
ORDER 

If compliance is not had with the order within the time specified 
therein, and no appeal has been properly and timely filed, the 
building official shall file in the office of the county recorder a cer- 
tificate describing the property and certifying (i) that the building 
is a dangerous building and (ii) that the owner has been so noti- 
fied. Whenever the corrections ordered shall thereafter have been 
completed or the building demolished so that it no longer exists as 
a dangerous building on the property described in the certificate, 
the building official shall file a new certificate with the county re- 
corder certifying that the building has been demolished or all re- 
quired corrections have been made so that the building is no 
longer dangerous, whichever is appropriate. 

SECTION 403 — REPAIR, VACATION AND 
DEMOLITION 

The following standards shall be followed by the building official 
(and by the board of appeals if an appeal is taken) in ordering the 
repair, vacation or demolition of any dangerous building or struc- 
ture: 

1. Any building declared a dangerous building under this code 
shall be made to comply with one of the following: 

1.1 The building shall be repaired in accordance with the 
current building code or other current code applicable 
to the type of substandard conditions requiring repair; 
or 

1.2 The building shall be demolished at the option of the 
building owner; or 



403 
404.2 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



1.3 If the building does not constitute an immediate danger 
to the life, limb, property or safety of the public it may 
be vacated, secured and maintained against entry. 

2. If the building or structure is in such condition as to make it 
immediately dangerous to the life, limb, property or safety of the 
public or its occupants, it shall be ordered to be vacated. 

SECTION 404 — NOTICE TO VACATE 

404.1 Posting. Every notice to vacate shall, in addition to being 
served as provided in Section 401.3, be posted at or upon each exit 
of the building and shall be in substantially the following form: 

DO NOT ENTER 
UNSAFE TO OCCUPY 

It is a misdemeanor to occupy this building, or to remove 
or deface this notice. 

Building Official 

of 



404.2 Compliance. Whenever such notice is posted, the build- 
ing official shall include a notification thereof in the notice and 
order issued under Section 401.2, reciting the emergency and 
specifying the conditions which necessitate the posting. No per- 
son shall remain in or enter any building which has been so 
posted, except that entry may be made to repair, demolish or re- 
move such building under permit. No person shall remove or de- 
face any such notice after it is posted until the required repairs, 
demolition or removal have been completed and a certificate of 
occupancy issued pursuant to the provisions of the Building 
Code. 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



501 
504 



Chapter 5 
APPEAL 



SECTION 501 — GENERAL 

501.1 Form of Appeal. Any person entitled to service under 
Section 401.3 may appeal from any notice and orderor any action 
of the building official under this code by filing at the office of the 
building official a written appeal containing: 

1. A heading in the words: "Before the board of appeals of 
the of " 

2. A caption reading: "Appeal of ," giving the 

names of all appellants participating in the appeal. 

3. A brief statement setting forth the legal interest of each of 
the appellants in the building or the land involved in the notice and 
order. 

4. A brief statement in ordinary and concise language of the 
specific order or action protested, together with any material facts 
claimed to support the contentions of the appellant. 

5. A brief statement in ordinary and concise language of the re- 
lief sought and the reasons why it is claimed the protested order or 
action should be reversed, modified or otherwise set aside. 

6. The signatures of all parties named as appellants and their 
official mailing addresses. 

7. The verification (by declaration under penalty of perjury) of 
at least one appellant as to the truth of the matters stated in the ap- 
peal. 

The appeal shall be filed within 30 days from the date of the 
service of such order or action of the building official; provided, 
however, that if the building or structure is in such condition as to 
make it immediately dangerous to the life, limb, property or safety 
of the public or adjacent property and is ordered vacated and is 
posted in accordance with Section 404, such appeal shall be filed 
within 10 day s from the date of the service of the notice and order 
of the building official. 



501.2 Processing of Appeal. Upon receipt of any appeal filed 
pursuant to this section, the building official shall present it at the 
next regular or special meeting of the board of appeals. 

501.3 Scheduling and Noticing Appeal for Hearing. As soon 
as practicable after receiving the written appeal, the board of ap- 
peals shall fix a date, time and place for the hearing of the appeal 
by the board. Such date shall not be less than 10 days nor more 
than 60 days from the date the appeal was filed with the building 
official. Written notice of the time and place of the hearing shall 
be given at least 10 days prior to the date of the hearing to each 
appellant by the secretary of the board either by causing a copy of 
such notice to be delivered to the appellant personally or by mail- 
ing a copy thereof, postage prepaid, addressed to the appellant at 
the address shown on the appeal. 

SECTION 502 — EFFECT OF FAILURE TO APPEAL 

Failure of any person to file an appeal in accordance with the pro- 
visions of Section 501 shall constitute a waiver of the right to an 
administrative hearing and adjudication of the notice and order or 
any portion thereof. 

SECTION 503 — SCOPE OF HEARING ON APPEAL 

Only those matters or issues specifically raised by the appellant 
shall be considered in the hearing of the appeal. 

SECTION 504 — STAYING OF ORDER UNDER 
APPEAL 

Except for vacation orders made pursuant to Section 404, en- 
forcement of any notice and order of the building official issued 
under this code shall be stayed during the pendency of an appeal 
therefrom which is properly and timely filed. 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



601 
604.7.2 



Chapter 6 
PROCEDURES FOR CONDUCT OF HEARING APPEALS 



SECTION 601 — GENERAL 

601.1 Hearing Examiners. The board may appoint one or more 
hearing examiners or designate one or more of its members to 
serve as hearing examiners to conduct the hearings. The examiner 
hearing the case shall exercise all powers relating to the conduct 
of hearings until it is submitted to the board for decision. 

601.2 Record. A record of the entire proceedings shall be made 
by tape recording or by any other means of permanent recording 
determined to be appropriate by the board. 

601.3 Reporting. The proceedings at the hearing shall also be 
reported by a phonographic reporter if requested by any party 
thereto. A transcript of the proceedings shall be made available to 
all parties upon request and upon payment of the fee prescribed 
therefor. Such fees may be established by the board, but shall in no 
event be greater than the cost involved. 

601.4 Continuances. The board may grant continuances for 
good cause shown; however, when a hearing examiner has been 
assigned to such hearing, no continuances may be granted except 
by the examiner for good cause shown so long as the matter re- 
mains before the examiner. 

601.5 Oaths— Certification. In any proceedings under this 
chapter, the board, any board member, or the hearing examiner 
has the power to administer oaths and affirmations and to certify 
to official acts. 

601.6 Reasonable Dispatch. The board and its representatives 
shall proceed with reasonable dispatch to conclude any matter be- 
fore it. Due regard shall be shown for the convenience and neces- 
sity of any parties or their representatives. 



SECTION 602 — FORM OF NOTICE OF HEARING 

The notice to appellant shall be substantially in the following 
form, but may include other information: 

"You are hereby notified that a hearing will be held before (the 
board of appeals or name of hearing examiner) 

at on the day of , 

19 , at the hour , upon the notice and order 

served upon you. You may be present at the hearing. You may be, 
but need not be, represented by counsel. You may present any 
relevant evidence and will be given full opportunity to cross-ex- 
amine all witnesses testifying against you. You may request the 
issuance of subpoenas to compel the attendance of witnesses and 
the production of books, documents or other things by filing an 
affidavit therefor with (board of appeals or name of hearing ex- 
aminer)." 

SECTION 603 — SUBPOENAS 

603.1 Filing of Affidavit The board or examiner may obtain 
the issuance and service of a subpoena for the attendance of wit- 
nesses or the production of other evidence at a hearing upon the 
request of a member of the board or upon the written demand of 
any party. The issuance and service of such subpoena shall be ob- 
tained upon the filing of an affidavit therefor which states the 
name and address of the proposed witness; specifies the exact 
things sought to be produced and the materiality thereof in detail 
to the issues involved; and states that the witness has the desired 



things in possession or under control. A subpoena need not be is- 
sued when the affidavit is defective in any particular. 

603.2 Cases Referred to Examiner. In cases where a hearing is 
referred to an examiner, all subpoenas shall be obtained through 
the examiner. 

603.3 Penalties. Any person who refuses without lawful excuse 
to attend any hearing or to produce material evidence which the 
person possesses or controls as required by any subpoena served 
upon such person as provided for herein shall be guilty of a misde- 
meanor. 



SECTION 604 — CONDUCT OF HEARING 

604.1 Rules. Hearings need not be conducted according to the 
technical rules relating to evidence and witnesses. 

604.2 Oral Evidence. Oral evidence shall be taken only on oath 
or affirmation. 

604.3 Hearsay Evidence. Hearsay evidence may be used for 
the purpose of supplementing or explaining any direct evidence, 
but shall not be sufficient in itself to support a finding unless it 
would be admissible over objection in civil actions in courts of 
competent jurisdiction in this state. 

604.4 Admissibility of Evidence. Any relevant evidence shall 
be admitted if it is the type of evidence on which responsible per- 
sons are accustomed to rely in the conduct of serious affairs, re- 
gardless of the existence of any common law or statutory rule 
which might make improper the admission of such evidence over 
objection in civil actions in courts of competent jurisdiction in 
this state. 

604.5 Exclusion of Evidence. Irrelevant and unduly repetitious 
evidence shall be excluded. 

604.6 Rights of Parties. Each party shall have these rights, 
among others: 

1. To call and examine witnesses on any matter relevant to the 
issues of the hearing; 

2. To introduce documentary and physical evidence; 

3. To cross-examine opposing witnesses on any matter rele- 
vant to the issues of the hearing; 

4. To impeach any witness regardless of which party first 
called the witness to testify; 

5. To rebut the evidence; and 

6. To be represented by anyone who is lawfully permitted to do 
so. 

604.7 Official Notice. 

604.7.1 "What may be noticed. In reaching a decision, official 
notice may be taken, either before or after submission of the case 
for decision, of any fact which may be judicially noticed by the 
courts of this state or of official records of the board or depart- 
ments and ordinances of the city or rules and regulations of the 
board. 

604.7.2 Parties to be notified. Parties present at the hearing 
shall be informed of the matters to be noticed, and these matters 
shall be noted in the record, referred to therein, or appended there- 
to. 

11 



604.7.3 
605.8 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



604.7.3 Opportunity to refute. Parties present at the hearing 
shall be given a reasonable opportunity, on request, to refute the 
officially noticed matters by evidence or by written or oral presen- 
tation of authority, the manner of such refutation to be determined 
by the board or hearing examiner. 

604.7.4 Inspection of the premises. The board or the hearing 
examiner may inspect any building or premises involved in the 
appeal during the course of the hearing, provided that (i) notice of 
such inspection shall be given to the parties before the inspection 
is made, (ii) the parties are given an opportunity to be present dur- 
ing the inspection, and (iii) the board or the hearing examiner shall 
state for the record upon completion of the inspection the material 
facts observed and the conclusions drawn therefrom. Each party 
then shall have a right to rebut or explain the matters so stated by 
the board or hearing examiner. 

SECTION 605— METHOD AND FORM OF DECISION 

605.1 Hearing before Board Itself. When a contested case is 
heard before the board itself, a member thereof who did not hear 
the evidence or has not read the entire record of the proceedings 
shall not vote on or take part in the decision. 

605.2 Hearing before Examiner. If a contested case is heard by 
a hearing examiner alone, the examiner shall within a reasonable 
time (not to exceed 90 days from the date the hearing is closed) 
submit a written report to the board. Such report shall contain a 
brief summary of the evidence considered and state the examin- 
er's findings, conclusions and recommendations. The report also 
shall contain a proposed decision in such form that it may be ad- 
opted by the board as its decision in the case. All examiner's re- 
ports filed with the board shall be matters of public record. A copy 
of each such report and proposed decision shall be mailed to each 
party on the date they are filed with the board. 



605.3 Consideration of Report by Board — Notice. The board 
shall fix the time, date and place to consider the examiner's report 
and proposed decision. Notice thereof shall be mailed to each in- 
terested party not less than five days prior to the date fixed, unless 
it is otherwise stipulated by all of the parties. 

605.4 Exceptions to Report. Not later than two days before the 
date set to consider the report, any party may file written excep- 
tions to any part or all of the examiner's report and may attach 
thereto a proposed decision together with written argument in 
support of such decision. By leave of the board, any party may 
present oral argument to the board. 

605.5 Disposition by the Board. The board may adopt or reject 
the proposed decision in its entirety, or may modify the proposed 
decision. 

605.6 Proposed Decision Not Adopted. If the proposed deci- 
sion is not adopted as provided in Section 605.5, the board may 
decide the case upon the entire record before it, with or without 
taking additional evidence, or may refer the case to the same or 
another hearing examiner to take additional evidence. If the case 
is reassigned to a hearing examiner, the examiner shall prepare a 
report and proposed decision as provided in Section 605.2 hereof 
after any additional evidence is submitted. Consideration of such 
proposed decision by the board shall comply with the provisions 
of this section. 

605.7 Form of Decision. The decision shall be in writing and 
shall contain findings of fact, a determination of the issues pre- 
sented, and the requirements to be complied with. A copy of the 
decision shall be delivered to the appellant personally or sent by 
certified mail, postage prepaid, return receipt requested. 

605.8 Effective Date of Decision. The effective date of the de- 
cision shall be as stated therein. 



12 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



701 
703 



Chapter 7 

ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL 
OR THE BOARD OF APPEALS 



SECTION 701 — COMPLIANCE 

701.1 General. After any order of the building official or the 
board of appeals made pursuant to this code shall have become 
final, no person to whom any such order is directed shall fail, ne- 
glect or refuse to obey any such order. Any such person who fails 
to comply with any such order is guilty of a misdemeanor. 

701.2 Failure to Obey Order. If, after any order of the building 
official or board of appeals made pursuant to this code has be- 
come final, the person to whom such order is directed shall fail, 
neglect or refuse to obey such order, the building official may (i) 
cause such person to be prosecuted under Section 701.1 or (ii) in- 
stitute any appropriate action to abate such building as a public 
nuisance. 

701.3 Failure to Commence Work. Whenever the required re- 
pair or demolition is not commenced within 30 days after any fi- 
nal notice and order issued under this code becomes effective: 

1. The building official shall cause the building described in 
such notice and order to be vacated by posting at each entrance 
thereto a notice reading: 



DANGEROUS BUILDING 
DO NOT OCCUPY 

It is a misdemeanor to occupy this building, or to remove 
or deface this notice. 

Building Official 

of 

2. No person shall occupy any building which has been posted 
as specified in this section. No person shall remove or deface any 
such notice so posted until the repairs, demolition or removal or- 
dered by the building official have been completed and a certifi- 
cate of occupancy issued pursuant to the provisions of the 
Building Code. 

3. The building official may, in addition to any other remedy 
herein provided, cause the building to be repaired to the extent 
necessary to correct the conditions which render the building dan- 
gerous as set forth in the notice and order; or, if the notice and or- 



der required demolition, to cause the building to be sold and 
demolished or demolished and the materials, rubble and debris 
therefrom removed and the lot cleaned. Any such repair or demo- 
lition work shall be accomplished and the cost thereof paid and 
recovered in the manner hereinafter provided in this code. Any 
surplus realized from the sale of any such building, or from the 
demolition thereof, over and above the cost of demolition and of 
cleaning the lot, shall be paid over to the person or persons lawful- 
ly entitled thereto. 

SECTION 702 — EXTENSION OF TIME TO PERFORM 
WORK 

Upon receipt of an application from the person required to con- 
form to the order and by agreement of such person to comply with 
the order if allowed additional time, the building official may 
grant an extension of time, not to exceed an additional 120 days, 
within which to complete said repair, rehabilitation or demolition, 
if the building official determines that such an extension of time 
will not create or perpetuate a situation imminently dangerous to 
life or property. The building official's authority to extend time is 
limited to the physical repair, rehabilitation or demolition of the 
premises and will not in any way affect the time to appeal the no- 
tice and order. 

SECTION 703 — INTERFERENCE WITH REPAIR OR 
DEMOLITION WORK PROHIBITED 

No person shall obstruct, impede or interfere with any officer, em- 
ployee, contractor or authorized representative of this jurisdiction 
or with any person who owns or holds any estate or interest in any 
building which has been ordered repaired, vacated or demolished 
under the provisions of this code; or with any person to whom 
such building has been lawfully sold pursant to the provisions of 
this code, whenever such officer, employee, contractor or autho- 
rized representative of this jurisdiction, person having an interest 
or estate in such building or structure, or purchaser is engaged in 
the work of repairing, vacating and repairing, or demolishing any 
such building, pursant to the provisions of this code, or in per- 
forming any necessary act preliminary to or incidental to such 
work or authorized or directed pursant to this code. 



13 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



801 
802.2 



Chapter 8 
PERFORMANCE OF WORK OF REPAIR OR DEMOLITION 



SECTION 801 — GENERAL 

801.1 Procedure. When any work of repair or demolition is to 
be done pursuant to Section 701.3, Item 3, of this code, the build- 
ing official shall issue an order therefor to the director of public 
works and the work shall be accomplished by personnel of this ju- 
risdiction or by private contract under the direction of said direc- 
tor. Plans and specifications therefor may be prepared by said 
director, or the director may employ such architectural and engi- 
neering assistance on a contract basis as deemed reasonably nec- 
essary. If any part of the work is to be accomplished by private 
contract, standard public works contractual procedures shall be 
followed. 

801.2 Costs. The cost of such work shall be paid from the repair 
and demolition fund, and may be made a special assessment 
against the property involved, or may be made a personal obliga- 
tion of the property owner, whichever the legislative body of this 
jurisdiction shall determine is appropriate. 



SECTION 802 — REPAIR AND DEMOLITION FUND 

802.1 General. The legislative body of this jurisdiction shall es- 
tablish a special revolving fund to be designated as the repair and 
demolition fund. Payments shall be made out of said fund upon 
the demand of the director of public works to defray the costs and 
expenses which may be incurred by this jurisdiction in doing or 
causing to be done the necessary work of repair or demolition of 
dangerous buildings. 

802.2 Maintenance of Fund. The legislative body may at any 
time transfer to the repair and demolition fund, out of any money 
in the general fund of this jurisdiction, such sums as it may deem 
necessary in order to expedite the performance of the work of re- 
pair or demolition, and any sum so transferred shall be deemed a 
loan to the repair and demolition fund and shall be repaid out of 
the proceeds of the collections hereinafter provided for. All funds 
collected under the proceedings hereinafter provided for shall be 
paid to the treasurer of this jurisdiction who shall credit the same 
to the repair and demolition fund. 



15 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



901 
909 



Chapter 9 
RECOVERY OF COST OF REPAIR OR DEMOLITION 



SECTION 901 — ACCOUNT OF EXPENSE, FILING OF 
REPORT 

The director of public works shall keep an itemized account of the 
expense incurred by this jurisdiction in the repair or demolition of 
any building done pursuant to the provisions of Section 701.3, 
Item 3, of this code. Upon the completion of the work of repair or 
demolition, said director shall prepare and file with the clerk of 
this jurisdiction a report specifying the work done, the itemized 
and total cost of the work, a description of the real property upon 
which the building or structure is or was located, and the names 
and addresses of the persons entitled to notice pursuant to Section 
401.3. 



SECTION 902 — NOTICE OF HEARING 

Upon receipt of said report, the clerk of this jurisdiction shall pre- 
sent it to the legislative body of this jurisdiction for consideration. 
The legislative body of this jurisdiction shall fix a time, date and 
place for hearing said report and any protests or objections there- 
to. The clerk of this jurisdiction shall cause notice of said hearing 
to be posted upon the property involved, published once in a 
newspaper of general circulation in this jurisdiction, and served 
by certified mail, postage prepaid, addressed to the owner of the 
property as the owner's name and address appears on the last 
equalized assessment roll of the county, if such so appears, or as 
known to the clerk. Such notice shall be given at least 10 days 
prior to the date set for the hearing and shall specify the day, hour 
and place when the legislative body will hear and pass upon the 
director's report, together with any objections or protests which 
may be filed as hereinafter provided by any person interested in or 
affected by the proposed charge. 



SECTION 903 — PROTESTS AND OBJECTIONS 

Any person interested in or affected by the proposed charge may 
file written protests or objections with the clerk of this jurisdiction 
at any time prior to the time set for the hearing on the report of the 
di rector. Each such protest or objection must contain a description 
of the property in which the signer thereof is interested and the 
grounds of such protest or objection. The clerk of this jurisdiction 
shall endorse on every such protest or objection the date of re- 
ceipt. The clerk shall present such protests or objections to the 
legislative body of this jurisdiction at the time set for the hearing, 
and no other protests or objections shall be considered. 



SECTION 904 — HEARING OF PROTESTS 

Upon the day and hour fixed for the hearing, the legislative body 
of this jurisdiction shall hear and pass upon the report of the direc- 
tor together with any such objections or protests. The legislative 
body may make such revision, correction or modification in the 
report or the charge as it may deem just; and when the legislative 
body is satisfied with the correctness of the charge, the report (as 
submitted or as revised, corrected or modified) together with the 
charge, shall be confirmed or rejected. The decision of the legisla- 
tive body of this jurisdiction on the report and the charge, and on 
all protests or objections, shall be final and conclusive. 



SECTION 905— PERSONAL OBLIGATION OR 
SPECIAL ASSESSMENT 

905.1 General. The legislative body of this jurisdiction may 
thereupon order that said charge shall be made a personal obliga- 
tion of the property owner or assess said charge against the prop- 
erty involved. 

905.2 Personal Obligation. If the legislative body of this juris- 
diction orders that the charge shall be a personal obligation of the 
property owner, it shall direct the attorney for this jurisdiction to 
collect the same on behalf of this jurisdiction by use of all appro- 
priate legal remedies. 

905.3 Special Assessment. If the legislative body of this juris- 
diction orders that the charge shall be assessed against the proper- 
ty, it shall confirm the assessment, cause the same to be recorded 
on the assessment roll, and thereafter said assessment shall con- 
stitute a special assessment against and a lien upon the property. 

SECTION 906 — CONTEST 

The validity of any assessment made under the provisions of this 
chapter shall not be contested in any action or proceeding unless 
the same is commenced within 30 days after the assessment is 
placed upon the assessment roll as provided herein. Any appeal 
from a final judgment in such action or proceeding must be per- 
fected within 30 days after the entry of such judgment. 

SECTION 907 — AUTHORITY FOR INSTALLMENT 
PAYMENT OF ASSESSMENTS WITH INTEREST 

The legislative body of this jurisdiction, in its discretion, may de- 
termine that assessments in amounts of $500.00 or more shall be 
payable in not to exceed five equal annual installments. The legis- 
lative body's determination to allow payment of such assess- 
ments in installments, the number of installments, whether they 
shall bear interest, and the rate thereof shall be by a resolution 
adopted prior to the confirmation of the assessment. 

SECTION 908 — LIEN OF ASSESSMENT 

908.1 Priority. Immediately upon its being placed on the 
assessment roll, the assessment shall be deemed to be complete, 
the several amounts assessed shall be payable, and the assess- 
ments shall be liens against the lots or parcels of land assessed, 
respectively. The lien shall be subordinate to all existing special 
assessment liens previously imposed upon the same property and 
shall be paramount to all other liens except for state, county and 
property taxes with which it shall be upon a parity. The lien shall 
continue until the assessment and all interest due and payable 
thereon are paid. 

908.2 Interest. All such assessments remaining unpaid after 30 
days from the date of recording on the assessment roll shall be- 
come delinquent and shall bear interest at the rate of 7 percent per 
annum from and after said date. 

SECTION 909 — REPORT TO ASSESSOR AND TAX 
COLLECTOR: ADDITION OF ASSESSMENT TO TAX 
BILL 

After confirmation of the report, certified copies of the assess- 
ment shall be given to the assessor and the tax collector for this 

17 



909 
912 



1997 ABATEMENT OF DANGEROUS BUILDINGS 



jurisdiction, who shall add the amount of the assessment to the 
next regular tax bill levied against the parcel for municipal pur- 
poses. 

SECTION 910 — FILING COPY OF REPORT WITH 
COUNTY AUDITOR 

If the county assessor and the county tax collector assess property 
and collect taxes for this jurisdiction, a certified copy of the 
assessment shall be filed with the county auditor on or before Au- 
gust 10th. The descriptions of the parcels reported shall be those 
used for the same parcels on the county assessor's map books for 
the current year. 

SECTION 911 — COLLECTION OF ASSESSMENT: 
PENALTIES FOR FORECLOSURE 

The amount of the assessment shall be collected at the same time 
and in the same manner as ordinary property taxes are collected 



and shall be subject to the same penalties and procedure and sale 
in case of delinquency as provided for ordinary property taxes. 
All laws applicable to the levy, collection and enforcement of 
property taxes shall be applicable to such assessment. 

If the legislative body of this jurisdiction has determined that 
the assessment shall be paid in installments, each installment and 
any interest thereon shall be collected in the same manner as ordi- 
nary property taxes in successive years. If any installment is de- 
linquent, the amount thereof is subject to the same penalties and 
procedure for sale as provided for ordinary property taxes. 

SECTION 912 — REPAYMENT OF REPAIR AND 
DEMOLITION FUND 

All money recovered by payment of the charge or assessment or 
from the sale of the property at foreclosure sale shall be paid to the 
treasurer of this jurisdiction, who shall credit the same to the re- 
pair and demolition fund. 



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